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Jurisdiction and Venue
Products Liability Toxic Torts: The Foreign Plaintiff, by
Diane E. Lifton and Michelle M. Bufano.
The plaintiffs in these cases, however, were no ordinary plaintiffs, but residents of England and Wales, and the result was due to the application of the doctrine of forum non conveniens. As discussed more fully below, the court granted the forum non conveniens dismissals due in large part to public interest factors that weighed in favor of dismissal.
Non-Specific.
2 pages. Written:
2007. Added:
12-01-2010.
New Jersey Law Journal
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Jurisdiction and Venue
Products Liability Toxic Torts - The Foreign Plaintiff, by
Diane E. Lifton and Michelle M. Bufano.
The plaintiffs in these cases, however, were no ordinary plaintiffs, but residents of England and Wales, and the result was due to the application of the doctrine of
forum non conveniens. As discussed more fully below, the court granted the forum non conveniens dismissals due in large part to public
interest factors that weighed in favor of
dismissal.
Non-Specific.
2 pages. Written:
2007. Added:
7-04-2008.
www.gibbonslaw.com
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Jurisdiction and Venue
Personal Jurisdiction and Foreign Defendants: Issues to Consider, by
Dennis P. Ziemba and Heather R. Fine.
This issue is particularly relevant when the claim involves a foreign defendant and a set of operative facts which did not arise within the jurisdiction. The mere fact that a claim arises outside a given jurisdiction, or that the only connection to the jurisdiction arises from the actions of a subsidiary, does not necessarily exclude it as a viable venue in which to pursue an action.
Non-Specific.
4 pages. Written:
2007. Added:
7-01-2008.
www.eckertseamans.com
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Jurisdiction and Venue
Forum Variations In Starting Out, by
Joseph F. Donley and Gary J. Mennitt.
The focus of this article is only upon the first of these areas, commencement and pleading. The emphasis will be upon the practical consequences of variations between state and federal practice in commencement and pleading, rather than an exhaustive catalogue of all differences.
Non-Specific.
4 pages. Written:
2006. Added:
5-10-2008.
New York Law Journal
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Jurisdiction and Venue
When 'Web Presence' Creates Jurisdiction, by
Stephen M. Kramarsky.
Given the endless variations in e-commerce models that are now beginning to appear, and the legal consequences of fairly small distinctions in defendants' situations, NewYork cases make it clear that careful, case-by-case analysis will be increasingly important in Internet jurisdiction cases in the future.
New York.
3 pages. Written:
2008. Added:
1-18-2008.
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Class Actions
The Class Action Fairness Act of 2005 and its Impact on Class Action Defense, by
Cristina Hernandez-Malaby.
The Class Action Fairness Act – enacted on February 18, 2005 – materially changed the
legal parameters, jurisdiction and venue, for class action litigation in the United States. Whether you view the changes as positive or negative may depend in large part on which side of the courtroom your client sits and the particular case.
Federal.
8 pages. Written:
2005. Added:
3-22-2007.
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Jurisdiction and Venue
Holding Battlefield Contractor's Accountable: Federal Removal Protects Federal Interests, by
David C. Hammond.
When casualties result in civil lawsuits alleging contractor negligence while supporting the U.S. government or military operations, the procedural protection of
“removal” to a federal forum is necessary to protect significant and intertwined federal interests.
Federal.
4 pages. Written:
2006. Added:
3-22-2007.
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Alternative Dispute Resolution
International Arbitration: Corporate Attitudes and Practices 2006, by
Price Waterhouse Coopers.
The resolution of cross border disputes
is becoming more sophisticated. Increasingly,
parties are choosing to resolve disputes away from the courts through the use of international arbitration. It can provide distinct advantages over litigation through its more flexible processes, such as jurisdiction and venue selection.
International.
32 pages. Written:
2006. Added:
3-22-2007.
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Jurisdiction and Venue
Multiple-Venue Patent Litigation: Navigating Among Alternative Rulings, by
Lee Carl Bromberg & Judith R.S. Stern, Bromberg & Sunstein LLP.
The patent owner seeking to enforce its patent rights may find itself engaged in litigations in multiple jurisdictions in the United States, and in foreign courts as well. This paper attempts to identify the risks presented to the patent holder of multiple proceedings
make suggestions for practical steps and strategic approaches.
Federal.
25 pages. Written:
2005. Added:
3-16-2007.
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Jurisdiction and Venue
Venue: A Brief Look at Federal Law Governing Where a Federal Crime May Be Tried, by
Charles Doyle.
Federal law promises criminal defendants a proper venue, i.e., trial in the district in which the federal crime was committed. A crime is committed in any district in which any of its “conduct” elements are committed.
Federal.
6 pages. Written:
2006. Added:
3-16-2007.
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Jurisdiction and Venue
Subject Matter Jurisdiction in Antitrust and Business Tort Litigation, by
K. Todd Wallace, Liskow & Lewis.
Discussion of procedural issues commonly encountered in antitrust and business tort litigation. When evaluating choices among federal and state statutory and common law claims potentially available to address marketplace conduct, subject matter jurisdiction often becomes a threshold issue.
Non-Specific.
19 pages. Written:
2006. Added:
3-16-2007.
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Jurisdiction and Venue
Applying Federal Court of Appeals’ Precedent: Contrasting Approaches and Erie Predictions, by
Colin E. Wrabley.
This Article will provide a thorough examination of the state of the law on each of these important questions of federal court of appeals’ precedent, and offer some analysis on the correctness of the various approaches taken to these questions.
Federal.
29 pages. Written:
2007. Added:
3-09-2007.
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